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Alberto, a 3rd year high school teacher of Antadao National High School in Sagada, Mountain Province,

was conducting his MAPEH class when Robert, a second-year high school student joined his class, who
were then practicing basketball shots. When Alberto ordered the boys to form two lines, Robert, who
thought the order was to form three lines, inserted himself between the two lines. Alberto then punched

Where Concurrent
Jurisdiction
In Several
him in the stomach. As
a result of the incident,Exists
Alberto was hospitalised.
He filed an administrative case
Grave Misconduct
against Alberto,
as a criminal
case for Slight Physical
Tribunals,forThe
Body That
Firstas well
Takes
Cognizance
Of Injuries. In the
administrativeShall
case, Alberto
denied punching
Robert, claiming he merely
The Complaint
Exercise
Jurisdiction
To stared
Thethem down when they
unruly. In the criminal case, Alberto was found guilty of the crime and thus applied for probation.
Exclusion became
Of The
Others...
The Civil Service Commission-Cordillera Administrative Region, after conducting hearing, found Alberto
liable for Simple Misconduct and ordered his suspension for six months without pay. Alberto appealed
the CSC-CAR ruling to the Civil Service Commission, but the latter affirmed with modification the CSCCAR ruling, finding him liable for Grave Misconduct and ordering his dismissal from the service. It ruled
that Albertos conviction in the criminal case, where he acquiesced, can be admitted as evidence in the
administrative case. Alberto was not denied due process when he was not afforded opportunity to crossexamine Robert's witnesses, as the same is not indispensable in administrative cases. His act was a
wanton transgression of the proper norms of conduct of a public school teacher. In his motion for
reconsideration, Alberto raised for the first time the issue of jurisdiction of the CSC over the case. He
argued that his case should have been referred to and investigated by a committee first in accordance
with the Magna Carta For School Teachers provided under RA 4670. However, the CSC denied his motion
for reconsideration, holding he is estopped from challenging the jurisdiction of the CSC. When Alberto
elevated his case to the Court of Appeals, the latter affirmed the ruling of the CSC. Albertos last resort
was before the Supreme Court. He argues that he should not have been dismissed from the service, and
the CA was wrong when it ruled that CSC had jurisdiction over the case.

The Supreme Court:

On Jurisdiction

Pat-og contends that Section 9 of Republic Act (R.A.) No. 4670, otherwise known as the Magna Carta for
Public School Teachers, provides that administrative charges against a public school teacher shall be
heard initially by a committee constituted under said section. As no committee was ever formed, the
petitioner posits that he was denied due process and that the CSC did not have the jurisdiction to hear
and decide his administrative case. He further argues that notwithstanding the fact that the issue of
jurisdiction was raised for the first time on appeal, the rule remains that estoppel does not confer
jurisdiction on a tribunal that has no jurisdiction over the cause of action or subject matter of the case.
The Court cannot sustain his position.
The petitioner's argument that the administrative case against him can only proceed under R.A. No. 4670
is misplaced.
In Puse v. Santos-Puse[1], it was held that the CSC, the Department of Education (DepEd) and the Board

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